Confusion on Availability of Substitution I-140 Premium Processing for Holders of Original Approved Labor Certification
We reported earlier that the USCIS had initially blocked any substitution I-140 cases from the premium processing eligibility. But later the USCIS website changed it and has been reporting to the people that if the substitution I-140 petitioners submit the original of the approved substitution labor certificatiobn application, they will be eligible for the premium processing services. The USCIS information on ineligible cases is as follows:
(1) A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
(2) Labor Certification substitution requests, unless the original labor certification is submitted with the Form I-140 requesting the substitution; and
(3) Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
After we reported such website instruction changes, we received some reports from the readers that the field offices were unaware of the policy change. We urge the USCIS HQ to give a guidance letter to the Service Centers on this change. If the website information is incorrect, they should correct the information not to mislead or confuse the consumers.
We reported earlier that the USCIS had initially blocked any substitution I-140 cases from the premium processing eligibility. But later the USCIS website changed it and has been reporting to the people that if the substitution I-140 petitioners submit the original of the approved substitution labor certificatiobn application, they will be eligible for the premium processing services. The USCIS information on ineligible cases is as follows:
(1) A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
(2) Labor Certification substitution requests, unless the original labor certification is submitted with the Form I-140 requesting the substitution; and
(3) Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
After we reported such website instruction changes, we received some reports from the readers that the field offices were unaware of the policy change. We urge the USCIS HQ to give a guidance letter to the Service Centers on this change. If the website information is incorrect, they should correct the information not to mislead or confuse the consumers.